McGriff v. Jones

District Court of Appeal of Florida

McGriff v. Jones

178 So. 3d 540, 2015 Fla. App. LEXIS 16685, 2015 WL 6759325

CourtDistrict Court of Appeal of Florida

DecidedNovember 5, 2015

DocketNo. 1D15-4326

StatusPublished

This text of 178 So. 3d 540 (McGriff v. Jones) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McGriff v. Jones, 178 So. 3d 540, 2015 Fla. App. LEXIS 16685, 2015 WL 6759325 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Upon consideration of petitioner’s response to the Court’s order of October 9, 2015, the Court has determined that its jurisdiction to review the , lower tribunal’s Order Denying Petition for Writ of Habeas Corpus was not timely invoked.

The order was filed with the lower tribunal on July 6, 2015. Petitioner’s motion for rehearing, filed pursuant to the mailbox rule on July 29, 2015, was untimely. Fla. R. Civ. P. 1.530(b). The motion therefore failed to delay rendition of the underlying Order Denying Petition for Writ of Habeas Corpus. Fla. R. App. P. 9.020(i). As a result, the order was rendered on July 6, 2015. In order to invoke the district court’s jurisdiction in a timely manner, a petition for writ of certiorari must be filed within 30 days of rendition of the order on review. Fla. R. App. P. 9.100(e)(1). Here, the petition for writ of certiorari was filed more than 30 days after rendition of the order to be reviewed, and therefore failed to invoke the Court’s jurisdiction in a timely manner. Accordingly, the petition is dismissed.

BENTON, RAY, and OSTERHAUS, JJ., concur.

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PER CURIAM.

Upon consideration of petitioner’s response to the Court’s order of October 9, 2015, the Court has determined that its jurisdiction to review the , lower tribunal’s Order Denying Petition for Writ of Habeas Corpus was not timely invoked.

The order was filed with the lower tribunal on July 6, 2015. Petitioner’s motion for rehearing, filed pursuant to the mailbox rule on July 29, 2015, was untimely. Fla. R. Civ. P. 1.530(b). The motion therefore failed to delay rendition of the underlying Order Denying Petition for Writ of Habeas Corpus. Fla. R. App. P. 9.020(i). As a result, the order was rendered on July 6, 2015. In order to invoke the district court’s jurisdiction in a timely manner, a petition for writ of certiorari must be filed within 30 days of rendition of the order on review. Fla. R. App. P. 9.100(e)(1). Here, the petition for writ of certiorari was filed more than 30 days after rendition of the order to be reviewed, and therefore failed to invoke the Court’s jurisdiction in a timely manner. Accordingly, the petition is dismissed.

BENTON, RAY, and OSTERHAUS, JJ., concur.

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Bluebook (online)

178 So. 3d 540, 2015 Fla. App. LEXIS 16685, 2015 WL 6759325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgriff-v-jones-fladistctapp-2015.